IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA, PLAINTIFF
v.
STATE OF MICHIGAN; JOHN ENGLER, Governor of the State of Michigan; MICHIGAN DEPARTMENT OF CORRECTIONS; KENNETH McGINNIS, Director of Michigan Department of Corrections ("MDOC"); SALLY LANGLEY, Warden of Crane Correctional Facility ("CCF"); JOAN YUKINS, Warden of Scott Correctional Facility ("SCF"); in their official capacities, DEFENDANTS.

COMPLAINT

THE UNITED STATES OF AMERICA alleges:

1. This complaint is filed by the Attorney General on
behalf of the United States of America pursuant to the Civil
Rights of Institutionalized Persons Act of 1980, 42 U.S.C.
§ 1997 etseq., to enjoin the named Defendants from
depriving persons incarcerated at Crane Correctional
Facility, located in Coldwater, Michigan ("CCF") and Scott Correctional Facility, located in Plymouth, Michigan ("SCF"), of rights, privileges, or immunities secured and protected by the Constitution of the United States.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action under
28 U.S.C. § 1345.

3. The United States is authorized to initiate this
action pursuant to 42 U.S.C. § 1997c.

4. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.

5. Venue in the Eastern District of Michigan, Southern
Division, is proper pursuant to 28 U.S.C §§ 1391, 1392.

DEFENDANTS

6. Defendant STATE OF MICHIGAN owns and operates CCF
and SCF, which are state correctional facilities for women
located in Coldwater and Plymouth, Michigan, respectively.

7. Defendant JOHN ENGLER is sued in his official
capacity as the Governor of the State of Michigan, which is
responsible for the supervision and control of inmates at
CCF and SCF.

8. Defendant MICHIGAN DEPARTMENT OF CORRECTIONS
("MDOC") is the agency charged with authority to maintain
and operate CCF and SCF and is responsible for the
conditions of confinement and treatment of persons
incarcerated in these facilities.

9. Defendant KENNETH McGINNIS is sued in his official
capacity as the Director of the Department of Corrections,
which is the agency charged with the authority to maintain
and operate CCF and SCF and is responsible for the
conditions of confinement and treatment of persons
incarcerated in these facilities.

10. Defendant SALLY LANGLEY is sued in her official
capacity as Warden of CCF. Defendant Langley directly
supervises and controls CCF.

11. Defendant JOAN YUKINS is sued in her official
capacity as Warden of SCF. Defendant Yukins directly
supervises and controls SCF.

12. Defendants are legally responsible, in whole or in
part, for the operation of CCF and SCF, for the conditions
there and the health and safety of persons confined or
incarcerated there.

13. At all relevant times, the Defendants or their
predecessors in office have acted or failed to act, as
alleged herein, under color of state law.

FACTUAL ALLEGATIONS

14. CCF and SCF are institutions within the meaning of
42 U.S.C. § 1997(1).

15. Persons confined to CCF and SCF are women
sentenced to prison following conviction of various crimes
in the Michigan state courts.

16. Defendants are failing to protect persons confined
to CCF and SCF from sexual misconduct by correctional
officers and staff. Inmates incarcerated at CCF and SCF are
subjected to a variety of sexual misconduct from Defendants'
employees, including sexual relationships, sexual assaults,
sexual touching and fondling, and without good reason,
frequent, prolonged, close-up and prurient viewing during
dressing, showering and use of toilet facilities.

19. Defendants have been consciously aware of the
factual allegations set forth in paragraphs 16-18 for a
substantial period of time.

20. Defendants have failed to address adequately the
abuses described in paragraphs 16-18 though they consciously
knew of those abuses.

21. The harm or risk of harm to inmate health and
safety set forth in paragraphs 16-18 have been obvious
within CCF and SCF for a substantial period of time.

VIOLATIONS ALLEGED

22. The acts and omissions alleged in paragraphs 16-21
violate the rights, privileges, or immunities secured or
protected by the Constitution of the United States of
persons confined at CCF and SCF.

23. Unless restrained by this Court, Defendants will
continue to engage in the conduct and practices set forth in
paragraphs 16-21 that deprive persons confined at CCF and
SCF of their rights, privileges, or immunities secured or
protected by the Constitution of the United States and cause
them irreparable harm.

PRAYER FOR RELIEF

24. The Attorney General is authorized under 42 U.S.C.
§ 1997 etseq. to seek equitable and declaratory relief.

WHEREFORE, the United States prays that this Court
enter an order permanently enjoining Defendants, their
officers, agents, employees, subordinates, successors in
office, and all those acting in concert or participation
with them from continuing the acts, omissions, and practices
set forth in paragraphs 16 through 21 above, and that this
Court require Defendants to take such actions as will ensure
lawful conditions of confinement are afforded to inmates at
CCF and SCF. The United States further prays that this
Court grant such other and further equitable relief as it
may deem just and proper.